Encyclopædia Britannica, Ninth Edition/Demurrer

DEMURRER, iu English law, is an objection taken to the sufficiency, in point of law, of the pleading or written statement of the other side. In equity pleading a demurrer lay only against the bill, and not against the answer ; at common law any part of the pleading could be demurred to. And now in all cases any party may demur to any pleading of the opposite party, or to any part of a pleading setting up a distinct cause of action, ground of defence, set off, counter-claim, reply, or as the case may be, on the ground that the facts alleged therein do not show any cause of action or ground of defence, &c. (Judicature Act, 1875 Rules of Court, Order 28).